JAYANTA BARUAH Vs. JAGAT NARAYAN JADAV

JUDGEMENT

(1.) Heard Mr. P. Kataki, learned counsel for the petitioners. None appears for the respondent despite service of process.

(2.) The petitioner No.1 is the proprietor of daily newspaper "Asomiya Pratidin", Maniran Dewan Path, Chandmari, Guwahati and the petitioner No.2 is the Executive Editor of the said newspaper.

(3.) The respondent lodged a complaint before the Chief Judicial Magistrate, Hojai, Sankardev Nagar under Section 500/34 IPC vide CR Case No.200/2004 alleging inter-alia that he is a first class contractor of PWD Department and he has a good reputation in the society. But for publishing of news item in the aforesaid newspaper dated 06.04.2004 under the caption "Jagat Narayan is controlling Hojai Revenue Department and also tried to manage the Municipal Board" which is a false and baseless allegation, the reputation of the complainant/respondent has been lowered down in the society and has caused irreparable harm to him. Denying each and every allegation in the news item in detail in the complaint petition it is contended that all such allegations are false and baseless which will cause irreparable loss to him, he filed the complaint against the aforesaid newspaper and arrayed the Editorial Adviser, Editor, Executive Editor (present petitioner), Printer/owner (present petitioner) and another Printer as well as the reporter of the said newspaper as accused persons.